‘They said they are going to protect me’ – The Zimbabwean

Precious, who was orphaned at age six, crossed the Zimbabwe-South Africa border two years ago. (Yeshiel Panchia, Al Jazeera)

In the second of a four-part Al Jazeera series exploring the lives of stateless children in South Africa, three girls share their dreams for the future.


Precious*, 12: ‘They said if you come to South Africa there is a shelter where other kids live’

Twelve-year-old Precious is one of the thousands of migrant and refugee children to have found their way to Musina, the northernmost town of South Africa, just 20km (12.4 miles) from the Beitbridge border crossing with Zimbabwe.

She crossed the border two years ago and is now living at the Christian Women’s Ministry (CWM) Children’s Project, in an old church nestled between houses on the outskirts of town. Train tracks run parallel to the main road there, and spaza shops – informal convenience stores run from people’s homes – line the streets. The buildings on the church property have been converted into a shelter for women and unaccompanied girls. Elsewhere in the town, a similar structure houses unaccompanied boys.

When Precious was six, both of her parents died – she has no idea why or how. For several years, she lived on the streets of Beitbridge. Like other street children, she heard many stories about the opportunities South Africa could offer.

“They said if you come to South Africa there is a shelter where other kids live, and you can get your bed and get education and clothes for free,” she recalls.

She crossed the border alone.

footprints

A child walks past small footprints in the cement at the children’s home. (Yeshiel Panchia, Al Jazeera)


Her trip across the Beitbridge border crossing was by malayitsha – a Ndebele term meaning “one who transports goods to and fro”. The term is used to describe cross-border transport operators who carry everything and anything – goods, money, undocumented travellers and even unaccompanied children – for a price. The vehicles are often minibus taxis, crammed with goods and people.

The fees for this “service” are higher than for conventional transport, but travellers understand that the extra charge helps facilitate the crossing, with money changing hands between transport operators and border officials.

Precious says an adult, a “big man”, on the Zimbabwean side paid her fare – which can be anything from R600 to R2000. She does not know why he paid for her, but she ran away as soon as she could and made the journey to Musina by herself.

South Africa's stateless children

A 17-year-old resident of the children’s home, who is originally from Zimbabwe, sits with her one-year-old son, who was born in South Africa. (Yeshiel Panchia, Al Jazeera)


A wooden cross leans against a large tree at the centre of the churchyard where she now lives. The sound of children playing travels through one of the open windows and, from the dining hall, laughter drowns out the sound of the television.

In one of the rooms just off the courtyard, the shelter’s youngest resident lies stretched out in front of a fan, fast asleep despite the heat. He is one year old. His 17-year-old mother is originally from Harare, but he was born in South Africa.

Outside, in the shaded church courtyard, the young residents of the shelter huddle for a group photograph. The picture will be mounted in the office, joining all the other photos of children who have lived there since the shelter opened in 2008.


“When I heard I was coming to the shelter I was very happy, because I would get an education”


Sitting on the lower level of a bunk bed in one of the dorm rooms, Precious runs her hand along the graffiti scrawled on the base of the bed above. Here, many young girls have scribbled their messages and their dreams; their prayers and their requests to their gods and their angels. In one corner of the wooden base, a school timetable was written with black marker – English, Maths, Science, Biology. Precious is now in Grade 4 at school and says she wants to be a teacher.

“When I heard I was coming to the shelter I was very happy because I would get an education,” she says, before adding that her favourite subject is English.

Many of the shelter’s residents hope to one day make their way to a big city. Precious has set her sights on Johannesburg. She imagines things will be better there and that she will finally be able to make a home for herself.

bedroom door

A prayer written on the back of a bedroom door in the children’s home. (Yeshiel Panchia, Al Jazeera)


Chantelle*, 11: ‘One day I want to be a teacher’

Like Precious, 11-year-old Chantelle, also a resident of the church shelter, dreams of one day becoming a teacher. She sits on a single bed in one of the bedrooms. Behind her, a ragdoll and a fluffy bunny flank an open bible.

Chantelle has been living at the home for the past three months. She asks if her story will be on the television and if it will include her real name and photograph. She wants her photograph to be shown, she explains, because then maybe her mother will see it and come to find her.

Chantelle is originally from Zimbabwe, although she does not know exactly where.

“I came here with my mum,” she says, “but she disappeared at the border. She saw the police and ran away.”

Chantelle says she has no other family. “I feel bad because I want to see my mother.”

children's shelter in MusinaThe children at the CWM children’s shelter in Musina have very few personal belongings, often crossing the border alone, taking with them only what they can carry. (Yeshiel Panchia, Al Jazeera)


After she was separated from her mother, some adults brought her to the shelter.

“They told me we are friends. They said to me they are going to protect me, and I can go to school.”

Her face lights up at the mention of school. Back in Zimbabwe, her days were spent helping her mother with chores and she never went to school.

“I want to be protected. I want to go to school. One day I want to be a teacher,” she says. She misses her village and friends in Zimbabwe, she says, but she is glad that she has new friends in Musina, and that they serve her favourite food – chicken and rice – at the shelter.

Nombuso*, 18: ‘I want to be an international lawyer’

Nombuso
Nombuso, who attends the CWM children’s home in Musina, hopes to be able to complete her schooling despite not having a birth certificate. (Yeshiel Panchia, Al Jazeera)

Nombuso has been living in the shelter for the past six years.

She sits under the shade of a red canvas roof as the younger girls run around her.

She came to Musina 11 years ago with her sister, who was 21 at the time. She does not remember exactly how she crossed the border.

“I was seven years old,” she says. “I just remember when we were in the car and the police caught us and we went to the police station.”

Her brother-in-law paid her bail. “I didn’t know what was going on,” she recalls.

Nombuso lived with her sister in a small rented home in an informal settlement just outside Musina but was forced to move after her sister died in 2012 and she could no longer afford to stay there.

At least at the shelter, she says, she could continue her schooling. She is currently in Grade 9 and loves science.

“Going to school is so good. It’s the wish of every child, but now it’s complicated because they need some documents,” she explains.

But Nombuso has no identity documents; she only has a court order placing her in state care.

“They need a birth certificate, passport, permit,” she says. “I don’t have anybody to provide that for me.” She hopes to complete her schooling but worries that it will be difficult without a birth certificate.

If she cannot stay in school, she would like to work at the shelter and help other children. But her dream, she explains, is to become an international lawyer.

“I want to stand for the shelters that help foreigners like me. The children like me, who don’t have parents or anybody to provide them a lot of things but need a family to do that – I want to stand for them,” she says. “To be an international lawyer means I can help.”

She smiles as she looks into the courtyard where Chantelle and Precious are playing. “I can stand up for the other children like me. That’s what I wish.”

*Names changed to conceal identities 

Post published in: Featured

Morning Docket 01.28.20

* “Pharma Bro” Martin Shkreli has been sued by the New York Attorney General. Wonder how he was served in prison. [New York Daily News]

* A lawyer who was indicted for allegedly billing West Virginia for more than 24 hours in a day has been caught after a life on the lam. [ABA Journal]

* A U.S. Attorney has indicated that Prince Andrew provided “zero” cooperation in the Jeffrey Epstein case. [NBC News]

* Ken Star said that impeachment is “hell” at President Trump’s impeachment trial yesterday. Maybe he got inspiration from last weekend’s Saturday Night Live. [Boston Globe]

* Roy Moore has filed a multi-million-dollar “fake news” lawsuit against a Washington magazine. Wonder if Alabama has anti-SLAPP laws… [Al.com]


Jordan Rothman is a partner of The Rothman Law Firm, a full-service New York and New Jersey law firm. He is also the founder of Student Debt Diaries, a website discussing how he paid off his student loans. You can reach Jordan through email at jordan@rothmanlawyer.com.

Everyone Makes Mistakes — See Also

On Becoming A Footnote To Legal History

Footnote 4 gets all of the attention, but what product was the Carolene Products Company trying to sell that put them on a collision course with legal history?

Hint: The president and vice president of the company were prosecuted on 8 counts of violating a federal statute that banned interstate commerce in this good.

See the answer on the next page.

GOP Senators Invite John Bolton To Set Fire To His Own Mustache

(Photo by Alex Wong/Getty Images)

John Bolton is back! Seems he reached the belated conclusion that stiff-arming congress for evidence of Trump’s wrongdoing, only to turn around and sell it to Simon & Schuster, might not endear him to the book-buying public.

According to The New York Times, Bolton, who refused to testify to the House without a court order, is now hot to spill the tea to the Senate because he “believes he has relevant information, and he has also expressed concern that if his account of the Ukraine affair emerges only after the trial, he will be accused of holding back to increase his book sales.” It’s a distinct possibility!

Although his lawyer insists the leak came from the White House, which has been reviewing Bolton’s manuscript, keen observers will note the story dropped just hours before Amazon started taking pre-orders for the tentatively-scheduled March 17 release of his book, “The Room Where It Happened.” Which is some extremely conveniently-timed publicity!

However Maggie Haberman and Mike Schmidt got their hands on it, this story functions as a proffer of Bolton’s impeachment testimony. As they reported last night:

President Trump told his national security adviser in August that he wanted to continue freezing $391 million in security assistance to Ukraine until officials there helped with investigations into Democrats including the Bidens, according to an unpublished manuscript by the former adviser, John R. Bolton.

Which throws a hell of a wrench in Mitch McConnell’s plan to vote down new witnesses or evidence this Wednesday and get this impeachment over with before the Super Bowl. It’s also going to give Brad Moss, the most active national security lawyer on Twitter, an aneurysm. Because graduates of Twitter Law School are taking conclusory legal rhetoric a little too seriously.

In the cover letter submitting Bolton’s manuscript for a prepublication classification review his attorney Charles J. Cooper wrote:

As I mentioned, Ambassador Bolton has carefully sought to avoid any discussion in the manuscript of sensitive compartment information (“SCI”) or other classified information, and we accordingly do not believe that a prepublication review is required. We are nonetheless submitting this manuscript out of an abundance of caution, as contemplated by the nondisclosure agreements that he entered, commencing with those of April 5, 2018 immediately prior to his entry on duty.

As Moss spent all last night explaining, Cooper can say that there’s nothing classified in Bolton’s book and thus the review is a mere courtesy, but it ain’t necessarily so.

And if Bolton simply makes a public statement without prior clearance from the White House, he’s open to prosecution for any information that is retroactively classified.

Eventually, Moss just gave up and tweeted out an article he wrote in Lawfare explaining the prepublication review process to cull classified data.

Moss explained in 2018 that the Standard Form 312, “Classified Information Nondisclosure Agreement,” contractually bars government employees from disclosing classified information. By submitting their work for prepublication review, authors can definitively shield themselves from prosecution for later classification decisions. There is robust standard of judicial review, and courts will not permit the government to abuse the process to simply censor embarrassing information.

BUT …

If the individual does not follow that process, the courts have been clear time and time again that they will side with the government if and when it ultimately takes legal action—whether civil or criminal—against the individual, no matter how flimsy the underlying classification determination may have been.

And yet, at least one senator has already endorsed such a risky disclosure, with Nebraska Republican Deb Fischer saying, “It doesn’t take a subpoena to put out a statement. If Ambassador Bolton has something to say, he could do that.” Which would have effect of relieving GOP senators of the obligation to vote for or against calling witnesses at Trump’s impeachment trial. But it would also expose to him to serious civil and criminal liability. And there’s a lot you can say about John Bolton, but the man is not a fool.

Trump Tied Ukraine Aid to Inquiries He Sought, Bolton Book Says [NYT]
Cooper Letter to Records Management re Bolton Prepublication Review [posted by Axios]
Why the White House Can’t Stop Omarosa Manigault-Newman From Talking [Lawfare]

Alan Dershowitz Assures Us He Is Hip To All That New Fangled Technology

(Photo by Mark Wilson/Getty Images)

I don’t have a single research assistant. I am sitting here alone with my books in Miami Beach. I’ve written 6,133 words so far, all by myself. I’ve written every word. I’ve researched every point. I’ll give you an example. Someone sent me an email today that said, you know that a writer named Russell back in 1819 made a point similar to the one you’re making. I looked it up and sure enough, it was similar, so I made it. But I couldn’t find the Russell quote. I told him, look I can’t quote it unless I see it, so he’s going to send it to me. I can’t quote anything I haven’t seen with my own eyes.

I’m not even a computer-skilled person. I work off just an iPhone. Fortunately, you can get every case on an iPhone. My basic research tools are an iPhone and a printer. I read a case, I print it out, I then quote from it. I have the books here. It’s amazing how much things have changed since I started practicing criminal law. When I first started, my wife would make me wear a special outfit because I’d come home so dusty. I’d have to go to the library and go through these 18th-century books. I still enjoy doing that, smelling the old leather.

—Alan Dershowitz, in a persecution complex filled interview with Vanity Fair, breaks down his work process as he prepares his impeachment testimony. Dershowitz also says that his… evolution on whether impeachment requires a crime is a result of “more research” and now he’s “come to different conclusions.”


headshotKathryn Rubino is a Senior Editor at Above the Law, and host of The Jabot podcast. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

Considerations For Implementing A Contract Management Solution

I recently spoke on the Reinventing Professionals podcast with Ari Kaplan about meaningful contract management. The podcast is designed to offer ideas, guidance, and perspectives on how to effectively navigate a perpetually shifting professional landscape, and it has a unique focus on the legal industry and the technology that is driving its evolution. In my prior article, I discussed the growing contract management space and what it can offer you.

What should you consider before implementing a contract management solution?

While an organization may have a number of things to consider before switching over, I recommend focusing on end-to-end solutions, collaboration features, and actionable outcomes.

  • End to end, easy to implement solution. One of the important things to consider is whether you’re getting an end-to-end solution. Is it a SaaS-based, out-of-the-box solution that you can implement relatively quickly and easily? This is especially important to consider for small and medium-size organizations or those organizations that are strapped for resources.
  • Meaningful, real-time, simultaneous collaboration. Another question an organization should consider is the ability to collaborate in real time. Can a platform allow you to work simultaneously with your colleagues, or do you have to take turns and work sequentially? It’s a very important factor to consider because you gain a lot of efficiencies when you work simultaneously. That is where you can really work together and create better relationships and transparency.
  • Actionable outcomes. The last thing to look for is whether your contract management solution allows you to create an actionable outcome. Does your solution leverage the data that is collected from your contract activities? Does it help you create better contracts? Does it flag information for you?

What resistance to implementing a contract management solution do you anticipate?

Contract management solutions are technology. They change the way you manage people and processes in your department. And I joke that everybody wants a change, yet everybody is afraid of it.

  • Pain points. I recommend starting with pain points related to the contract. What are the frustrations?
  • Have a plan. Once you begin to understand the pain points and can articulate why you need a contract management solution, it’s very important to meet with everyone involved and together come up with an implementation plan that works for everyone. You really want people in your department to be excited about the solution.
  • Roadshow to bring everyone along. Finally, once you implement a solution, it’s very important to actually show it off and increase its visibility and adoption. 

In the end, you really would like everyone to learn and use the technology. Remember that people who implemented your contract management solution tend to be a little bit more tech savvy. It is up to them to bring everybody else on along for the ride.


Olga V. Mack is the CEO of Parley Pro, a next-generation contract management company that has pioneered online negotiation technology. Olga embraces legal innovation and had dedicated her career to improving and shaping the future of law. She is convinced that the legal profession will emerge even stronger, more resilient, and more inclusive than before by embracing technology. Olga is also an award-winning general counsel, operations professional, startup advisor, public speaker, adjunct professor, and entrepreneur. Olga founded the Women Serve on Boards movement that advocates for women to participate on corporate boards of Fortune 500 companies. Olga also co-founded SunLaw, an organization dedicated to preparing women in-house attorneys to become general counsels and legal leaders, and WISE to help female law firm partners become rainmakers. She authored Get on Board: Earning Your Ticket to a Corporate Board Seat and Fundamentals of Smart Contract Security. You can email Olga at olga@olgamack.com or follow her on Twitter @olgavmack. 

Leveraging Change Management Principles to Optimize Legal Technology

Bound by tradition and precedent, lawyers are notoriously slow to adopt new technologies. Yet the fundamental transformation of the practice of law– whether through automation or tech-enabled collaboration– is inevitable. In addition to the challenge of implementing the new technologies themselves, a broad sort of cultural shift is required within firms. No longer can “if it ain’t broke, don’t fix it” or “we’ve always done it that way” hold sway in strategic decision-making.

The change management process provides an effective model for managing the ins and outs, the expected and unexpected, that come with adopting legal technology that can transform your practice. Through it, you can place your practice at the forefront of innovations that are redefining how attorneys practice law.

Download your free copy of SimpleLaw’s new white paper on leveraging change management principles.  Learn how your practice can:

  • Create a Sense of Urgency
  • Build a Coalition
  • Form a Vision
  • Eliminate Obstacles
  • Create Short-Term Wins
  • And much more

By requesting this report you are opting in to receive communications from SimpleLaw and Above the Law. 

In-House Counsel: Tell Us About Your Outside Counsel Law Firms (x3)

It’s that time of year again! We at Above the Law are putting together our third annual list of the best outside law firms, according to the people who know best – you, the in-house counsel who hire them. We know you know which firms are the most efficient, cost-effective, and reliable, and which firms are….maybe not so much, and we want you to share that info with us (please)!

Take our very brief survey and tell us which outside firms you use and why you like working with them (or maybe why you don’t).

Law Professor Sentenced For Lying To The IRS

Edward Adams

Back in 2017, University of Minnesota Law professor Edward Adams was indicted for allegedly embezzling millions of dollars from investors. The original indictment alleged that over the course of eight years the professor took $4.38 million from investors in Apollo Diamond, Inc., and made payments of over $2.54 million to his own law firm.

However, Adams struck a deal with the U.S. Attorney’s Office that included the government dropping some of he most serious counts the professor faced. Instead, Adams pleaded guilty to a misdemeanor offense in October, for lying to the IRS. Now, he’s been sentenced.

Judge Donovan Frank on the District Court for the District of Minnesota sentenced Adams to two years of probation and $5,000 in fines. He also must do 200 hours of community service with Southern Minnesota Regional Legal Services or Volunteer Lawyers Network. The sentence is harsher than the one year of probation prosecutors recommended in their sentencing memo, and the six months of probation with no fines that the defense sought, but Judge Frank thought it was warranted. As reported by the Minnesota Star Tribune:

“You clearly knew more than most that what you were doing was illegal and unethical,” said Frank.

Adams released a statement after his sentencing:

“I promise you I will never find myself in this situation again,” he said.

I have always maintained my innocence as to the original charges that were brought against me, and I am grateful that all of them have been dismissed,” Adams said in a statement after the sentencing.

According to a law school spokesperson, they still haven’t decided if Adams will return to the classroom. The professor has been on leave — paid, to the tune of $170,820 a year — while his legal battle was resolved.


headshotKathryn Rubino is a Senior Editor at Above the Law, and host of The Jabot podcast. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).